BILL ANALYSIS



C.S.S.B. 933
By: Shapiro (Madden)
May 18, 1995
Committee Report (Substituted)



BACKGROUND

The 72nd Legislature adopted a fee for the sale of lead-acid
batteries which is deposited in the hazardous and solid waste
remediation fee fund.  Proceeds from this fee generate about half
the fund's revenues, approximately $11 million annually.  None of
this money is used to promote battery recycling or to address the
impact of lead-acid battery recycling other than remediation.


PURPOSE

This bill authorizes the Texas Natural Resource Conservation
Commission (TNRCC) to use 10 cents of the money collected on
batteries to cover the costs of certain programs for public health
impacts, economic, infrastructure and environmental impact and to
encourage innovative technology in lead-acid battery recycling.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant rulemaking authority to a state officer, agency, department,
or institution.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 361.133 (c), Health and Safety Code, to
authorize the TNRCC to use the portion of the hazardous and solid
waste remediation fund allocated under Sec. 361.138(1) for purposes
described in Sec. 361.457.


SECTION 2. Amends Section 361.138, Health and Safety Code, by
adding Subsection (1), which allocates 10 cents of each fee on
batteries for the purposes described in Sec. 361.457.


SECTION 3. Adds Section 361.457 to Subchapter O, Chapter 361,
Health and Safety Code as follows:
     Sec. 361.457.  LEAD ACID BATTERY RECYCLING FEES.  Allows the
TNRCC to use 10 cents of each fee on new batteries to be used:
           (1)  to address the public health impact of lead-acid
battery recycling;
           (2)  to mitigate the economic, infrastructure, and
environmental impact of lead-acid battery recycling on local
governments, provided any money used on multiple-use capital
projects to be used only for the part of the project related to
lead-acid battery recycling; or
           (3)  to encourage the adoption of innovative technology
in lead-acid batter recycling.


SECTION 4.  Emergency clause and immediate effective date.



COMPARISON OF ORIGINAL TO SUBSTITUTE

The original allows the TNRCC to use up to 20% of the funds in the
hazardous and solid waste remediation fund for activities
supporting battery recycling, but the substitute allows the TNRCC
to use 10 cents of the fee on new batteries to be used to support
battery recycling.

The original limits the use of applicable funds to the similar
stipulations as the substitute, except the original restricts the
use of funds for a proportion of multiple-use capital projects to
debt service related to battery recycling, and the substitute does
contains no such restriction on multiple-use capital projects.

The substitute allows funds to be used for remediation of lead-acid
battery recycling and to promote lead-acid battery recycling, but
the substitute has no such provisions.  However, the substitute
allows funds to be used to address the public health impact of
lead-acid battery recycling, but the original has no such
provision.


SUMMARY OF COMMITTEE ACTION

SB 933 was considered by the House Committee on Environmental
Regulation in a formal meeting on May 18, 1995.  The committee
considered a complete substitute for the bill.  The substitute was
adopted without objection.  SB 933 was reported favorably as
substituted with the recommendation that it do pass and be printed
by a record vote of six (6) ayes, no (0) nays, no (0) pnv, three
(3) absent.